Other conditions decisions — 2004

The Board has remanded the case for additional development and readjudication due to a significant change in the law regarding Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for otitis media of the right ear, as there is no evidence linking this condition to the veteran's period of active service.

The veteran's request for a waiver of recovery of an overpayment of educational assistance allowance was denied due to the presence of fraud, misrepresentation, or bad faith. The Board found that the veteran did not report his change in educational institution and continued receiving benefits despite being enrolled at another school.

The VA determined that the veteran's inter-incisal motion limited to 44 millimeters does not warrant a rating in excess of 10 percent for his service-connected temporomandibular joint dysfunction.

The Board denied the claim for service connection for the cause of the veteran's death, finding that while he was presumed to have been exposed to herbicides during his service in Vietnam, there is no evidence showing a direct link between his colon cancer and his military service. The appellant argued for lung cancer as the primary site of the cancer, but the Board found insufficient medical evidence to support this claim.

The Board found that the veteran's elevated cholesterol is merely a laboratory value and not a disease, thus failing to meet the criteria for service connection.

The Board has determined that additional development is needed to determine if the veteran's dental treatment qualifies for reimbursement under VA regulations, and whether any of the treatment received from Dr. Peterson on September 26, 2002 constituted emergency treatment.

The Board denied the veteran's claim for special monthly compensation (SMC) based on a need for regular aid and attendance or on account of being housebound due to his service-connected disabilities. The veteran was found not to be in need of regular aid and attendance, nor substantially confined to his dwelling.

The Board has granted the veteran's claim for service connection for residuals of frozen feet and hands.

The Board denied the appellant's claim as she did not meet the criteria for recognition as the veteran's widow due to her separation from him, which was considered by the Board to be due to his misconduct.

The VA's negligence in prescribing ergotamine for the veteran's migraine headaches caused a myocardial infarction, resulting in additional cardiovascular and neurological disorders.

The veteran is seeking increased ratings for irritable bowel syndrome and service connection for a bilateral toe disorder, to include Raynaud's syndrome. The RO has denied these claims due to incomplete medical records and the need for further examination.

The Board denied the veteran's claims for a higher initial evaluation and an earlier effective date for TDIU, finding that the schedular requirements were not met before June 1, 2001.

The veteran's claim for service connection for residuals of frozen feet is being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Board denied the appellant's application to reopen a claim for basic eligibility for VA benefits based on qualifying service due to lack of new and material evidence.

The veteran is seeking compensation benefits under 38 U.S.C.A. § 1151 for injuries sustained during a VA medical examination in late 1999, alleging negligence by the examining physician. The claim will be remanded to obtain additional evidence and arrange for a VA examination.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to the fact that he did not meet the eligibility criteria based on his age and the veteran's permanent total disability rating.

The Board denied the appellant's request to reopen her claim for revocation of forfeiture of her VA benefits, finding no new and material evidence presented.

The Board has determined that the veteran does not have a current skin disability with hair loss of the lower body, and therefore, service connection cannot be granted.

The Board denied the veteran's request to reopen his claim for basic eligibility for VA nonservice-connected pension benefits, finding that no new and material evidence had been presented.